Interagency Agmt with ACHD for Utility Project Cooperative Development INTERAGENCY AGREEMENT
BETWEEN THE ADA COUNTY HIGHWAY DISTRICT AND THE CITY OF MERIDIAN
FOR UTILITY PROJECT COOPERATIVE DEVELOPMENT
"2 rt.)
rIS INTERAGENCY AGREEMENT is made and entered into this day of
iaAv , 201,0by and between the Ada County Highway District, by and
through Board of Commissioners (hereinafter referred as the "District"), and the City of
Meridian, by and through its Mayor and Council (hereinafter referred to as "Meridian"), both
parties being bodies politic and corporate of the State of Idaho.
The purpose of this memorandum is to enable Meridian and the District to best serve their
respective customers by defining a cooperative coordination process between Meridian and
the District to: 1. evaluate Meridian's proposed utility projects within the District's right-of-way;
2. determine the need for pavement restoration, road reconstruction, and other road
improvements; 3. develop project scope, schedule, and cost share responsibilities; and
4. secure budget and execute projects.
RECITALS
WHEREAS, Meridian has a responsibility to construct potable water, sanitary sewer,
and recycled water infrastructure ("utility infrastructure") to serve existing and new customers
within the Meridian area of impact; and
WHEREAS, the utility infrastructure, in many cases, is located within roadways which
do not meet District structural standards and are in need of resurfacing or reconstruction; and
WHEREAS, simply patching the pavement area within the trenching limits is costly but
does not improve the quality of the existing road structure; and
WHEREAS, the District is also responsible to maintain drainage facilities and irrigation
crossings within the right-of-way; and
WHEREAS, replacing the entire roadway section to the current standards and
addressing drainage and irrigation crossing issues is more expensive initially, but in the long
term is much less expensive and much less disruptive to the tax payers and to the residents
in the area; and
WHEREAS, the District will save money in maintenance costs for the roadway once it
is reconstructed to current structural standards; and
WHEREAS, in those cases where the existing roadway, drainage, or irrigation
crossing structures are substandard, it is desirable for both Meridian and the District to jointly
cooperate and fund projects that address all of these concerns.
NOW, THEREFORE, in consideration of the premises, mutual covenants and
agreements-herein contained, the parties hereto agree as follows:
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1. NOTIFICATION OF PROPOSED PROJECTS:
Each year, prior to November 30, Meridian will provide to the District information on utility
projects proposed for construction the following fiscal year. For each proposed project,
Meridian will provide a description including scope, project limits, approximate depth and
location of utility infrastructure, and other pertinent information.
2. DISTRICT EVALUATION OF PROJECTS:
Within thirty (30) working days following project notification, the District shall evaluate the
proposed projects. The evaluation shall include the following:
A. Pavement Evaluation: The District shall perform a field inspection including
excavating through the existing pavement, and determining existing base and sub -base
thickness. Based upon a field observation of the pavement condition by the District, the
Qistrict shall make a determination of whether full -width pavement restoration is appropriate
and what base and sub -base section should be installed during the project.
B. Drainage and Irrigation Crossings: The District shall perform a field inspection
and appropriate research to determine if any drainage improvements or irrigation crossing
improvements are needed or anticipated.
C. Chip Seals, Overlays, and "No Cut" Areas: The District will identify whether the
affected roadway has had a recent chip seal, overlay, new pavement, or other surface
treatment, and how it will expect the pavement to be restored and paid. Additionally, the
District shall recommend how long the project could be postponed to avoid restoration of a
chip seal, new pavement, or other extra expense due to a road cut moratorium.
3. UNPLANNED PROJECTS:
The District and Meridian recognize that despite planning efforts, some unplanned projects
occur. Projects that are not planned a year in advance as contemplated above and need to
be constructed in the same year they are identified will follow the same process but be
expedited as much as possible.
4. PROJECT COORDINATION AND COST SHARE:
After evaluation of proposed projects, Meridian and the District shall meet to coordinate the
schedule and cost share of each project. It is envisioned that this will be accomplished at the
regular quarterly meeting and before the end of February following project notification. This
meeting will result in a final determination of the design and construction scope of each
project and staff agreement on cost share. For projects where no additional road work has
been identified by the District, staff shall agree on how to address cost share for extra road
construction work due to site conditions unforeseen by the District's evaluation. This is by
project and may simply refer to the ISPWC and the District's supplements.
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5. BUDGETING FUNDS:
After project scopes and cost shares have been agreed to, the District shall request adequate
funds during its budget cycle to allow it to participate as planned. The District shall notify
Meridian immediately if the budget approved is less than requested or appears to be
inadequate to participate in Meridian's projects as planned.
6. ROADWAY PROFILE:
If full -width paving is determined to be appropriate by the District, Meridian shall survey a
profile of the roadway centerline and the edge of pavement and shall provide the information
to the District to make a determination of the need for modification of the pavement profile. If
roadway profile modifications are needed, the District shall provide Meridian, within a
mutually agreeable time frame, a design for the roadway profile to be included as a part of
the construction project.
7. PLAN AND DOCUMENT REVIEW:
Meridian shall forward the plans and documents for review and approval by the District as
agreed to during project scoping. Some projects may require a different level of review than
others. Unless otherwise approved by Meridian, the District review of the plans and
documents shall be completed within ten (10) working days of receipt of the plans.
8. UTILITY NOTIFICATION:
For projects requiring full -width paving, the District shall notify other utilities of the
project schedule and limits to allow for repairs and upgrades and new construction prior to
bidding the project for construction.
A. If other utility- companies participate in the paving costs, the revenue will be
equally shared between the District and Meridian.
9. DESIGN AND BIDDING DOCUMENTS:
Meridian shall be responsible for preparing the design and bidding documents for the projects
and shall include within the bidding documents the recommended gravel base thicknesses
and any roadway profile design modifications designated by the District. The bidding
documents shall be structured such that the full -width pavement, including 3/4 inch minus
gravel leveling course, is a separate bid item and the gravel base and subgrade stabilization
(soft spot repair) are separate bid items.
Meridian shall solicit, receive and open bids for the project in compliance with all state and
local laws.
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11. AWARD OF CONTRACT:
For cost share projects, Meridian shall furnish the District with an abstract of all bids received
and obtain the District's input regarding Meridian's recommendation for award of the contract
prior to making such award. Award shall be made to the lowest responsible bidder pursuant
to State law and Meridian's purchasing policies and procedures. In addition, Meridian shall
provide an updated estimate of the District's share of the costs for the project based upon
bids received. Following concurrence of the District, Meridian shall award the contract.
Projects for which no cost share has been identified shall proceed with award of contract
without input from the District.
12. INSPECTION:
Meridian shall be responsible to provide the inspection for the installation of all Meridian utility
infrastructure installed under the contract, including trench compaction and testing up to one
foot (1') above the pipe zone. The District shall be responsible for providing the trench
compaction testing for the utility infrastructure from one foot (1') above the pipe zone to the
subgrade of the roadway section and for facilitating all retesting required in the area that does
not meet contract requirements. The District shall also be responsible for the inspection and
approval for the roadway reconstruction. The District shall be responsible for all inspection
for storm drainage, irrigation crossings and other items for which it is paying.
13. SURVEYING:
For full -width pavement restoration projects, Meridian shall be responsible for the
construction staking for the roadway restoration in accordance with the design plans. In the
event a redesign of the roadway section was not provided by the District, Meridian shall
provide grade stakes for center line and edge of pavement to the same elevations that
existed prior to the project.
14. MONUMENT REPLACEMENT:
Meridian shall provide for the reference and replacement of all existing survey monuments
within the area of the utility infrastructure trench. The District shall be responsible for the
reference and replacement of monuments that are not disturbed during the utility
infrastructure installation, if necessary.
15. OTHER UTILITY ADJUSTMENT, RELOCATION AND REPLACEMENT:
Unless otherwise agreed to, the District shall be responsible for facilitating any adjustment,
relocation or replacement of other utilities affected by the.street reconstruction beyond the
utility infrastructure trench limits. This requirement, however, does not relieve the other
utilities from being responsible for the cost should the District negotiate or require such
adjustment, relocation or replacement.
16. CHANGE ORDERS:
Meridian shall consult with and receive approval from the District prior to initiating any change
orders which affect the District's costs or the District's intended roadway design.
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17. BILLING AND PAYMENT:
Unless otherwise agreed to, following completion of the cost share projects, Meridian shall bill
the District for the District's share of the project costs. The District shall, within forty-five (45)
days of receipt of the billing, reimburse Meridian for the District's share of the project costs.
18. PROJECT WARRANTY:
Meridian shall require payment and performance bonds for all work completed under cost
share projects and shall be responsible for conducting a two (2) year. warranty inspection
prior to the expiration of the bonds. District concurrence of the acceptability of the
construction will be required prior to release of the bonds by Meridian. Following the two (2)
year warranty period, the District shall be responsible for any failures as a result of trench
settlement or pavement deficiencies. Meridian shall be responsible for any failures due to the
Meridian utility infrastructure construction deficiencies.
19. CHIP SEALING TYPE "P" SURFACE REPAIRS:
In the event that full -width restoration is not needed or required and Type "P" surface repair is
constructed as a part of a utility infrastructure project, the affected area may be chip sealed
by the District during the next scheduled chip sealing season. If the road has been chip
sealed within two (2) years of the utility infrastructure construction, Meridian may be required
to pay the District to re -chip seal the affected area at the current chip seal pricing provided by
the District. In this case, the District shall measure the affected area and bill Meridian for the
cost. In the event the road has not been chip sealed within two (2) years of the utility
infrastructure construction, the District shall not seek reimbursement from Meridian.
20. MISCELLANEOUS:
A. This Agreement contains the full and entire understanding and agreement
between the parties with regard to the subject matter hereof, and no party shall be liable or
bound to the other in any manner by any representations, warranties, covenants or
agreements except as specifically set forth herein.
B. This Agreement may not be enlarged, modified, amended or altered except in
writing signed by both of the parties hereto.
C. All signatories to this Agreement represent and warrant that they have the
power to execute this Agreement and to bind the agency they represent to the terms of this
Agreement. Meridian's commitment to fund any particular project is contingent on annual
budget approval by the Meridian City Council and is based upon the availability of public
funding under the authority of its statutory mandate and the Idaho Constitution Art. VIII, § 3.
In the event that public funds are unavailable and not appropriated for the performance of
Meridian's obligations under this Memorandum of Understanding, Meridian shall promptly
give written notice to the District of the unavailability and non -appropriation of public funds.
Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of
the Idaho Constitution Art. VIII, § 3.
Page 5 of 8
D. Should either party to this Agreement be required to commence legal action
against the other to enforce the terms and conditions of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees and costs incurred in said action.
E. Any action at law, suit in equity, arbitration or judicial proceeding for the
enforcement of this Agreement shall be instituted only in the courts of the State of Idaho,
County of Ada.
F. This Agreement shall be binding upon and inure to the benefit of the personal
representatives, heirs and assigns of the respective parties hereto.
G. This Agreement shall remain in full force and effect until either party states, in
writing to the other party, its desire to terminate the Agreement, in which case the Agreement
shall be considered terminated. However, any projects in progress which have been bid and
awarded prior to the date of the request for termination shall continue to be subject to the
terms of the Agreement.
H. In accordance with Idaho Code § 67-2332, the purposes, powers, rights and
objectives of each of the parties are as set forth in the Recitals above. Each of the Recitals
above is incorporated into the body of this Agreement.
I. The validity, meaning and effect of this Agreement shall be determined in
accordance with the laws of the State of Idaho.
J. The promises, covenants, conditions and agreements herein contained shall be
binding on each of the parties hereto and on all parties and all persons claiming under them
or any of them; and the rights and obligations hereof shall inure to the benefit of each of the
parties hereto and their respective successors and assigns.
K. If any part of this Agreement is held to be illegal or unenforceable by a court of
competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest
extent reasonably possible.
L. The failure of a party to insist on the strict performance of any provision of this
Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a
waiver of any provision of this Agreement or limit such party's right to enforce any provision
or exercise any right. No acknowledgments required hereunder, and no modification or
waiver of any provision of this Agreement or consent to departure therefrom, shall be
effective unless in writing and signed by DISTRICT and MERIDIAN.
M. The headings used in this Agreement are used for convenience only and are
not to be considered in construing or interpreting this Agreement.
N. This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original, but both of which together shall constitute one and the same.
O. The parties hereto agree that nothing herein contained shall be construed to
create a joint venture, partnership or other similar relationship which might subject any party
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to liability for the debts and/or obligations of the others, except as otherwise expressly agreed
in this Agreement.
P. This Agreement is not intended to create, nor shall it in any way be interpreted
or construed to create, any third-party beneficiary rights in any person not a party hereto.
Q. All parties have been represented by legal counsel, and no party shall be
deemed to be the drafter of this Agreement for purposes of interpreting an ambiguity against
the drafter.
R. Time shall be of the essence for all events and obligations to be performed
under this Agreement.
IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day
and year herein first written.
ATTEST: ADA COUNTY HIGHWAY DISTRICT
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BY: By: ///moi
ce Wong --9jJim D. Hanscn rrE. rap Ahon"
Direc or President, Board of Commissioners
ATTEST: TY OF MERIDIAN
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By: • !-6--At
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Jayc L. Holman Sim ;` a 4 de Wee" ti
City Clerk , <,`°.,/May•
Page7of8
STATE OF IDAHO )
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COUNTY OF ADA )
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On this _____3_____ day of F24"-Ct k , 201.8; before me, the
undersigned, personally appeared 4S6, - , : • . c RUCE WONG, President of the
Board of Commissioners and Director �respec:ively of the ADA COUNTY HIGHWAY
DISTRICT, a body politic and corporate, known to me to be the persons whose names are
subscribed to the within instrument, and acknowledged to me that they executed the same for
and on behalf of said body.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
0,0a0.11.44,,, ,#
f SPENC ;'•
-1:, -4 4 hAilt ilkleita
u„ ,,• s Notary P ,bl'- r Idaho
e`N. 4. Residing at f$ ./ , Idaho
'•.,• •'•.•�U•••,•'`O•••• My Commission expires:
_esAugust 13,2019
STATE OF IDAHO )
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COUNTY OF ADA )
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On this day of 'WhLk_a , r20-1.8; before me, the
undersigned, personally appeared TAMMY L. DE WEERD a,\d JAYCEE L. HOLMAN, Mayor
and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be
the persons whose names are subscribed to the within instrument, and acknowledged to me
that they executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.4
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My commission expires: \ ,L.4 1 'D.cqo
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